159026SpecificationsTermsConditions.pdf

Administrative Service/Procurement

Salem District\Interstate Maintenance

Anti-Icing Application – I-77

IFB# 159026

Issue Date: July 25, 2024 INVITATION FOR BIDS IFB# 159026

Title: Anti-Icing Application – I-77

Commodity Code(s): 96872

Location Where Work Will Be Performed: I-77 Carroll County

Issuing Agency: Commonwealth of Virginia

Virginia Department of Transportation (VDOT)

Contract Officer: Shonda Fowler

Email: Shonda.Fowler@vdot.virginia.gov

Phone: (540) 378-5089

NOTE TO BIDDERS

Prebid Conference: An Optional Pre-Bid Conference will be held at 10:00 AM Eastern Standard Time (EST) on August 6, 2024. Refer to Solicitation Section V. for instructions on how to participate.

Solicitation Closing Date and Time: 1:00 PM EST on August 16, 2024. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 1:30 PM EST on August 16, 2024. Refer to Solicitation Section VIII.2 for instructions on how to participate.

REMINDERS

1. Be sure to read and follow all instructions in the solicitation. Make certain bid pricing is not unbalanced.

2. Ensure all bid documents are completed and fillable attachments are uploaded with the bid submission. Bid documents and fillable attachments include, but may not be limited to:

A. SMALL BUSINESS SUBCONTRACTING PLAN: A Small Business Subcontracting Plan (SBSP) is required for the bid to be considered responsive if the Bidder is not certified as a small business by the Department of Small

Business and Supplier Diversity at the time of bid closing. Submit the SBSP on the included Attachment and provide plan value as a percentage not dollar value. See instructions under I. PURPOSE and Special Term and

Condition: SBSP, Evidence of Compliance and Subcontractor Reporting.

B. VA STATE CORPORATION COMMISSION FORM

C. VENDOR QUALIFICATION / EQUIPMENT INVENTORY CERTIFICATION FORM

D. SUBCONTRACTOR APPROVAL REQUEST

E. NORMAL AND EMERGENCY CONTACTS

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.f in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid.

Anti-Icing Application – I-77

Administrative Services Division

Salem District\ Interstate Maintenance

Invitation for Bids IFB # 159026

TABLE OF CONTENTS

PAGE #

I. Purpose 3

II. Questions Regarding This Invitation For Bid 3

III. General Definitions 3

IV. Specifications/Contract Requirements 3

V. Pre-Bid Teleconference 6

VI. Method for Payment 6

VII. Invoicing 7

VIII. Bidders Instructions and Public Bid Opening 8

IX. General Terms and Conditions 9

X. Special Terms and Conditions 15

ATTACHMENTS

A. Small Business Subcontracting Plan (SBSP) – Fillable Form

B. VA State Corporation Commission – Fillable Form

C. Vendor Qualification / Equipment Inventory Certification – Fillable Form

D. Subcontractor Approval Request – Fillable Form

E. Normal and Emergency Contacts – Fillable Form

F. Prevailing Wage Rate Determination(s)

RESOURCES BY REFERENCE

1. General Term and Condition C.1.(d): Anti-Discrimination

2. General Term and Condition CC: Civility in State Workplaces

Anti-Icing Application – I-77

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to provide anti-icing equipment and traffic control with operators to apply anti-icing on Interstate I-77, located in Carroll County, within the

Salem District.

PERIOD OF CONTRACT: Shall be for a two (2) year period with the effective date to be determined at time of award.

(Renewable)

Reminder to Bidders: This solicitation includes the requirement for the Bidder to submit a Small Business Subcontracting Plan

(SBSP) Attachment A with the electronic bid response in eVA. Bidders selecting “I Plan To Complete All Work” box must be certified as a small/micro business by the Commonwealth of Virginia, Department of Small Business and Supplier Diversity

(DSBSD) by the due date of this solicitation to participate in the SWaM Program.

If the Bidder is not a DSBSD-certified small business, the “I Plan To Use Subcontractors” box must be selected and the Bidder shall identify the portions of the contract that will be subcontracted to DSBSD-certified small business for the initial contract period and any subsequent renewal periods.

II. QUESTIONS REGARDING THIS INVITATION FOR BID:

Any questions regarding this invitation for bid shall be addressed to Shonda Fowler at shonda.fowler@VDOT.virginia.gov. The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised. Provide questions no later than 5:00 PM EST on August 9, 2024.

III. GENERAL:

For the purpose of clarification, each firm submitting a Bid is referred to as a “Bidder” and the Bidder awarded the contract to supply the services is referred to as a “Contractor”. Virginia Department of Transportation is referred to as “Department” or as

“VDOT”, and “Representative” refers to the VDOT Contract Administrator who will be administering the contract. This Invitation for Bids states the instructions for submitting bids, the procedure and criteria by which a contract may be awarded, and the contractual terms which will exclusively govern the contract between VDOT and the Contractor.

IV. SPECIFICATIONS / CONTRACT REQUIREMENTS:

A. BIDDER QUALIFICATIONS:

1. When bidding, in order to be considered responsive, bidders shall offer the number of equipment as specified in Section

VI.

Contractor shall cover I-77 in Carroll County from exit 24 to the Carroll County/North Carolina Line. Inclusive in these routes are both the mainline and the ramps.

Prior to contract award, the Bidder shall certify that the offered equipment is available in current inventory or inventory of their subcontractor(s) within the Commonwealth of Virginia. During the months when winter weather is possible, equipment must be stored within 2 hours of successful bidders area of responsibility.

B. GENERAL CONTRACT REQUIREMENTS:

1. EQUIPMENT/PERSONNEL READINESS:

a. The Contractor shall have all equipment fully operational and insured (see General Term & Condition T) by October

15th of each year. Failure to have each piece of equipment fully operational and insured may result in forfeiture of the mobilization payment.

b. The Contractor shall ensure by his/her signature on this bid their capacity to perform work under this contract, even though there may be other contractual responsibilities to VDOT or elsewhere.

c. The Contractor shall comply with the current editions of the Virginia Work Area Protection Manual and the Manual of Uniform Traffic Control Devices when using the equipment required in this contract.

2. PERFORMANCE STANDARDS:

a. The Contractor shall meet the same level of service that VDOT provides with its own forces.

b. The Contractor shall anti-ice at speeds recommended by spray unit manufacture or prudent application so as to prevent fog-out.

c. The assigned route, I-77, shall be anti-iced in a manner so that a mobile lane closure can be used to anti-ice one lane at a time. The contractor shall ensure that pumps, spray bars and nozzles are functioning properly so that consistent application is applied. VDOT may direct the Contractor to another road as necessary.

d. The Contractor shall provide experienced, properly trained, qualified operators for each piece of equipment listed.

The operator of each piece of equipment shall possess a valid CDL license when required for the equipment being operated. VDOT reserves the right to reject any of the Contractor’s employees who, in VDOT’s judgment, are not adequately qualified to perform the work.

3. MATERIAL/CHEMICAL SUPPLIES:

VDOT will furnish all liquid anti-icing chemicals, which shall be obtained at the Contractor’s assigned stock location.

Assignment of the stock location(s) is solely at the discretion of VDOT. VDOT will monitor material quantities for reasonable use. Materials left on equipment at the end of an anti-icing event must be accounted for and returned to the same VDOT stock location. Contractor shall repair damage to any VDOT facility incurred during Material/Chemical loading/unloading operation.

C. EQUIPMENT REQUIREMENTS:

1. Each piece of offered equipment will be subject to inspection by VDOT personnel. The inspection is to ensure that the equipment meets all Federal DOT and Virginia State Inspection standards as applicable. VDOT reserves the right to reject any offered equipment. The Contractor shall schedule a “dry run” to check functionality, operability of equipment and check route assignments. Each year the “dry run” shall be done between September 1 through November 1 to allow VDOT to perform equipment inspection and train the Contractor on Inventory Management of chemical stockpiles.

2. Per the Current Virginia Work Area Protection Manual (VAWAPM) each vehicle involved in a moving/mobile operation shall be equipped with at least one rotating amber light or high intensity amber strobe light. Vehicle hazard warning lights shall not be used instead of rotating lights or strobe lights, but as a supplement. The Contractor shall also be responsible for ensuring that all warning signs are kept clean so that they can be read easily, and that all warning lights are operational at all times.

3. Truck Mounted Attenuators (TMA’s) shall have a Type. “C” Advance Warning Arrow Panel and appropriate tailgate signs conforming to the latest edition of the Manual of Uniform Traffic Control Devices (MUTCD) and the Virginia Work Area

Protection Manual (VAWAPM).

4. Advance Warning Vehicle shall be a minimum of a one-half ton four-wheel drive pickup equipped with a Type “B”

Advance Warning Panel, and appropriate tailgate signs conforming to the latest edition of the Manual of Uniform Traffic

Control Devices (MUTCD) and the Virginia Work Area Protection Manual (VAWAPM).

5. Brine application units shall be capable of applying brine at a rate of 40 to 120 gal/per lane mile.

6. Tag along brine application trailer and tow vehicle or tanker shall have a minimum capacity of 2000 gallons.

7. Spray Bars are to be constructed of brass or stainless-steel pipe and shall be adjustable from 12” to 24” above pavement.

8. The trailer shall have a GVW rating sufficient to legally haul anti-icing equipment, all hardware and VDOT provided anti-icing materials listed herein.

9. Each piece of equipment shall have a functioning fire extinguisher and first aid kit.

10. EQUIPMENT BREAKDOWN:

a. VDOT will not be responsible for any damage to the Contractor’s vehicles, equipment, or tools as a result of work being performed under this contract.

b. If the Contractor owned tanker or spray unit breaks down with a load of chemicals in it. The Contractor shall be responsible for providing the personnel at their own expense to remove the chemical from the unit.

c. Environmental cleanup due to spilled or leaked fluids from Contractors equipment shall be the responsibility of the

Contractor to mitigate and clean up, as well as dispose of properly.

d. All equipment shall be fueled and ready to work when arriving at the agreed upon mobilization time. For hourly pay items, there shall be no payment for equipment downtime or repairs. VDOT reserves the right to remove any equipment from operations due to failure to meet specifications, frequent mechanical failures, or failure to meet any safety requirements.

e. VDOT will not be responsible for payment to the Contractor during equipment breakdowns that cause delay in the project. The Contractor will not be compensated to mobilize replacement equipment. If the needed equipment has to be obtained from another source, the Contractor will not be compensated for the trip to mobilize the broken equipment from the work site. Payment will resume once the project can be restarted.

D. RESPONSE REQUIREMENT:

1. CONTACT INFORMATION: The Contractor shall assign a person as the Supervisory Representative who will have the authority to execute this contract work. The Contractor shall provide this name as well as additional personnel names and phone numbers who can be contacted 24 hours, seven days a week in case of emergency. See Attachment E - Normal and

Emergency Telephone Numbers. Additional pages may be added as necessary.

2. CALL-IN NOTIFICATION: A Purchase Order will be created at the beginning of the snow season with an estimated number of hours for each contract line for billing purposes only and are no guarantee of authorized work. VDOT will issue a signed Work Order at the start of the snow season. The Contractor will be responsible for providing contact numbers for their supervisors and operators and ensuring that contact numbers are kept up to date. Prior to a winter weather event, VDOT will contact the Contractor’s listed number prior to the snow event as notification for the Call-

in. As much lead time as possible will be given to the Contractor as to start time for the brine operation, but due to the unpredictable nature of storm event timing and to changing forecast between a rain event and frozen precipitations, short lead times may be necessary. In the event that less than two (2) hours’ notice to mobilize is given, an emergency mobilization fee will be paid to the Contractor for each crew requested by VDOT.

3. CONTINUOUS OPERATION REQUIREMENT: The Contractor shall provide a continuous operation once work has commenced, with the exception of interruptions caused by delays authorized by the Contract Administrator or designee.

Performing maintenance or repairs to the Contractor’s equipment or re-fueling equipment shall not cause interruptions. If this is not done, a Procurement Complaint Form may be issued, which may ultimately result in the default of the contract.

4. CONTRACTOR’S FAILURE TO REPORT: If the Contractor fails to commence work at the requested time, a

Procurement Complaint Form may be issued against the Contractor. It shall address the deficiency and corrective action needed. If corrective actions are not acquired by the deadline stated in the cure letter, VDOT may have the work accomplished by another source and the Contractor may be held responsible for any resulting additional purchase and administrative costs in accordance with General Term and Condition Paragraph P.

V. OPTIONAL PREBID CONFERENCE:

An optional virtual Prebid conference will be hosted by the Contract Officer at 10:00 AM EST on August 6, 2024. The purpose of this conference is to allow potential bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation. While attendance at this conference will not be a prerequisite to submitting a bid, bidders who intend to submit a bid are encouraged to attend.

The conference will begin promptly at the time indicated. At the start of the conference the Contract Officer will conduct an attendance roll call to identify the individuals participating. Participants will be requested to provide their individual name, company name and contact information during the roll call.

This Microsoft Teams Virtual Meeting conference can be accessed with the below information:

Join the virtual meeting on your computer, mobile app or room device.

Click here to join the meeting

Enter Meeting ID: 294 986 936 98

Enter Passcode: Xpkavf

Download Teams | Join on the web

Or call in (audio only)

+1 434-230-0065

Enter Phone Conference ID: 848 809 648#

Have a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

VI. METHOD FOR PAYMENT:

Payment will be made (in accordance with the Virginia Prompt Payment Act) within 30 days after receipt of valid invoice and verification of satisfactory goods received and/or completion of work. Invoices shall be submitted to the address listed below for all items completed within the designated billing period.

Payment will be made via check, ACH, or EDI. Payment may also be made via P-Card for invoices within the P-Card limit if the Contractor accepts the State’s Small Purchase Charge Card. For questions about eVA please contact eVA Customer Care center at eVACustomerCare@DGS.Virginia.gov. For questions about electronic payments please contact DOA at (804) 692-

0473 or via email at: edi@doa.virginia.gov

1. Tag along trailer or tanker, capable of carrying a minimum of 2000 gallon capacity anti-icing tank with spray bar. This bid item shall include the tow vehicle. Unit shall be capable of an application rate of 40 to 120 gallons a lane mile. The unit bid price shall be a standard hourly rate and shall include the cost for equipment, tank, spray bar, skilled operator, fuel, and any other incidental supplies and materials. Two (2) units are required.

2. Truck with Truck mounted attenuator. This unit shall have a 10,000 lb. GVW (minimum) rating, equipped with a type

“C” Advance Warning Arrow Panel, NCHRP 350 Attenuator, and appropriate tailgate sign. The unit bid price shall be a standard hourly rate and shall include the cost for equipment, skilled operator, fuel, and any other incidental supplies and materials. Two (2) units are required

3. Advance Warning Vehicle. This unit shall be a one-half ton (minimum) four-wheel drive pickup truck with operator equipped with a Type “B” Advance Warning Arrow Panel and appropriate tailgate sign. The unit bid price shall be a https://teams.microsoft.com/l/meetup-join/19%3a14536aecfecc4604a5c07524d7988606%40thread.skype/1677507001469?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%2242b54c18-b639-4404-b2f8-a14136a75fce%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+14342300065,,354377122 mailto:edi@doa.virginia.gov standard hourly rate and shall include the cost for equipment, skilled operator, fuel, and any other incidental supplies and materials. Two (2) units are required

4. Emergency Mobilization. VDOT shall pay $1,500.00 per event if the Contractor is requested to mobilize with 2 hours or less notification and arrives within the two (2) hours at the site due to safety sensitive situations. One emergency mobilization fee shall be paid for each crew mobilized. A crew will be comprised of 1 spray unit, 1 TMA’s, and 1 Advance

Warning Vehicle. The CPI-U price increase/decrease allowance as defined within this contract shall not apply to these emergency mobilization payments.

5. SUPPLEMENTAL PAYMENT SCHEDULE: The pay items listed below are fixed prices and may be paid to a

Contractor if all required criteria have been met.

6. MOBILIZATION / DEMOBILIZATION PAYMENT: The mobilization below shall apply to each spray unit for each year of the contract and will remain the same from contract period to contract period. The CPI-U price increase/decrease allowance as defined within this contract shall not apply to these annual mobilization / demobilization payments.

Mobilization will be paid in two installments as follows:

Each Tag along trailer or tanker with 2000-gallon spray unit and spray bar including tow vehicle at amount of $12,000 yearly.

Mobilization: The first installment will be 50% of the scheduled amount. This installment payment will be processed at the beginning of the snow removal season once the Contractor has demonstrated that the following criterion has been met:

➢ Vehicles and equipment have passed the annual inspection (dry run) to ensure contract compliance i.e. spray tanks have the appropriate hook ups, pumps, nozzles, meet safety requirements and are in proper operating condition.

➢ The Contractor has provided, in writing, a Contact list to include a list of emergency phone numbers (for use on weekends and nights)

➢ Insurance Certificates for each truck, vehicle or piece of equipment has been received and is in accordance with General

Terms & Conditions T not later than ten days after the Intent to Award for the initial year and not later than October

15th of each contract term thereafter.

Demobilization: The second installment will be the remaining 50% of the scheduled per season amount. This installment payment will be processed at the end of the snow removal season once the Contractor has demonstrated that the following criterion has been met: The Contractor shall invoice for Demobilization on April 30th of each year.

➢ Equipment reported for work as required or called for.

➢ Work performed during the season is considered satisfactory.

➢ Contractor submitted final demobilization invoice by April 30.

VII. INVOICING:

Invoices shall be submitted within 10 days of completion and acceptance of each event. Invoices shall include the event number, contract number, purchase order number, itemized quantities, unit price, and extended costs based on the contract pricing schedule. Invoices that do not include the required information or attachments will be rejected. Payment will be made on an hourly basis rounded to the next one-quarter (1/4) hour for the actual time equipment and personnel are used at the project location. No payment will be made for work in progress on the prescribed payment dates. Daily Sheets signed by the VDOT Contract Monitor shall be included with invoice as proof of hours.

Virginia Department of Transportation

Salem District/Interstate Operations

731 Harrison Ave.

Salem, VA 24153

In lieu of mailing, invoices may be submitted as an attachment via email to salem-districtbusinessoffice@vdot.virginia.gov.

mailto:salem-districtbusinessoffice@vdot.virginia.gov.

VIII. BIDDER’S INSTRUCTIONS and PUBLIC BID OPENING

1. BID SUBMISSION – INSTRUCTIONS:

All bids must be submitted electronically online via eVA using the Bidder’s established eVA Supplier Account. The entire bid response including any / all attachments and any / all addenda must be submitted electronically in eVA no later than the closing date and time stated on the electronic solicitation posting. Faxed, emailed, mailed or hand-delivered bids will not be accepted.

To learn how to submit an online bid in eVA please refer to the online supplier training page at:

https://eva.virginia.gov/supplier-training-materials.html

The link to the video “Viewing and Responding to Solicitations” can be found on the Supplier Training Materials page at:

https://www.youtube.com/watch?v=KSxcAkOekW0

It is the responsibility of the Bidder to ensure the bid and all required attachments are properly complete d, readable and uploaded to eVA by the date and time deadline stated on the electronic solicitation posting. Bidders should allow sufficient time to account for any technical difficulties they may encounter during online submission or uploading of documents.

In the event of technical difficulties, suppliers should contact eVA Customer Care at 1 -866-289-7367 or via email at eVACustomerCare@DGS.Virginia.gov.

2. PUBLIC BID OPENING:

Bids will be opened at the time stated on the electronic posting and the reminders page of this solicitation, and their contents per the Virginia Public Procurement Act and Commonwealth of Virginia Vendors Manual, will be made public for the information of bidders and others interested.

A virtual public bid opening will be hosted by a VDOT representative at 1:30 PM EST on August 16, 2024.

Join the Microsoft Teams virtual meeting on your computer, mobile app or room device.

Click here to join the meeting

Enter Meeting ID: 276 236 416 155

Enter Passcode: E2axVP

Download Teams | Join on the web

Or call in (audio only)

+1 434-230-0065 Enter Phone Conference ID: 643 219 120#

The bid opening will begin promptly at the time indicated. At the start of the conference the VDOT Representative will conduct a roll call to identify the individuals participating on the call. Participants will be requested to provide their individual name, company name and contact information during the roll call.

If you are unable to access the teleconference at the scheduled time, please contact the Contract Officer via email and a bid reading will be provided.

The provisions of § 2.2-4342 of the Code of Virginia, as amended, shall be applicable to the inspection of bids received.

https://eva.virginia.gov/index.html https://eva.virginia.gov/supplier-training-materials.html https://www.youtube.com/watch?v=KSxcAkOekW0 mailto:eVACustomerCare@DGS.Virginia.gov https://teams.microsoft.com/l/meetup-join/19%3a14536aecfecc4604a5c07524d7988606%40thread.skype/1677507001469?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%2242b54c18-b639-4404-b2f8-a14136a75fce%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+14342300065,,354377122

IX. GENERAL TERMS AND CONDITIONS:

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at eva.virginia.gov under “I Sell To

Virginia”.

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their bids, bidders certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the

Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in 1. and 2. below apply:

1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of

Human Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

e. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

http://www.eva.virginia.gov/

f. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

D. ETHICS IN PUBLIC CONTRACTING: By submitting their bids, bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000:

By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the

Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia.

If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor.

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United

States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs: Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide on a case-by-case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the

Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

I. CLARIFICATION OF TERMS: If any prospective (bidder has questions about the specifications or other solicitation documents, the prospective bidder should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

J. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number;

social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.

Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364.

Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute

(Code of Virginia, § 2.2-4363).

2. To Subcontractors:

a. Within seven (7) days of the contractor’s receipt of payment from the Commonwealth, a contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

(2) To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.

3. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

4. The Commonwealth of Virginia encourages contractors and subcontractors to accept electronic and credit card payments.

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND

COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL

ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND

CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and

Conditions shall apply.

L. QUALIFICATIONS OF BIDDERS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall furnish to the

Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. The Commonwealth further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the

Commonwealth that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

M. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

N. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the Commonwealth.

O. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing

Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the

Commonwealth may terminate this agreement after verbal or written notice without penalty. Upon termination the Commonwealth may procure the goods or services contracted for from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

Q. TAXES: OMITTED

R. USE OF BRAND NAMES: OMITTED

S. TRANSPORTATION AND PACKAGING: OMITTED

T. INSURANCE: By signing and submitting a bid under this solicitation, the bidder certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of

Virginia. The bidder further certifies that the contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the

Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third-party owner of such motor vehicle.)

U. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice in eVA (eva.virginia.gov) for a minimum of 10 days.

V. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000:

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees;

(ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

W. NONDISCRIMINATION OF CONTRACTORS: A bidder or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

http://www.eva.state.va.us/

X. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS: The eVA Internet electronic procurement solution, web site portal eVA.virginia.gov, streamlines and automate government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid being rejected.

Vendor transaction fees are determined by the date the original purchase order is issued and the current fees are as follows:

a. For orders issued July 1, 2014, and after, the Vendor Transaction Fee is:

i. DSBSD-certified Small Businesses: 1%, capped at $500 per order.

ii. Businesses that are not DSBSD-certified Small Businesses: 1%, capped at $1,500 per order.

b. Refer to Special Term and Condition “eVA Orders and Contracts” to identify the number of purchase orders that will be issued as a result of this solicitation/contract with the eVA transaction fee specified above assessed for each order.

For orders issued prior to July 1, 2014, the vendor transaction fees can be found at eVA.virginia.gov.

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be handled through purchase order changes.

Y. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent that the legislature has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement.

Z. SET-ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS ENHANCEMENT AWARD PRIORITY: This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated as “Micro

Business Set-Aside Award Priority” or “Small Business Set-Aside Award Priority” accordingly in the solicitation. DSBSD-certified micro businesses or small businesses also includes DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification.